M.D.F. v. D.O.T.C.

M.D.F. v. D.O.T.C.

On the limited interim record the court concluded there was insufficient evidence to order continued supervised parenting; instead the father was granted unsupervised parenting time three times per week for four hours with conditions (continued participation in the College health monitoring program, quarterly psychiatrist updates to be produced to the mother, ongoing full disclosure of medical records and production of College documentation); the mother granted final decision-making authority for significant issues if mediation fails; a s.211 report was ordered to be arranged by the parties with the father to pay initially and final cost apportionment reserved to trial; post-hearing...

Citation
2020 BCSC 522
Parties
Claimant: M.D.F.; Respondent: D.O.T.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 April 2020
Procedural Posture
Family Law Parenting/custody and Parenting Time / Interim Applications (cross Applications) Reserved Judgment
Outcome
Interim judgment granting unsupervised parenting time with conditions; order for s.211 report process; mother granted final decision-making authority for significant issues if mediation fails; production and disclosure orders; father presumptively entitled to costs.
Legal Topics
Parenting Time, Supervised Access, Best Interests of the Child, Section 211 Assessment Report, Family Violence, Admissibility of Fresh Evidence, Disclosure Obligations
Source Language
English
Family Law Child Custody and Parenting Time Mental Health and Suicide Risk Evidence and Procedure Parenting Time Supervised Access Best Interests of the Child Section 211 Assessment Report +3 more

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Parties

M.D.F.

Claimant

D.O.T.C.

Respondent

Procedural Posture

Family Law Parenting/custody and Parenting Time / Interim Applications (cross Applications) Reserved Judgment

Legal Issues

  1. 1 Whether the father's parenting time must be supervised pending trial
  2. 2 Whether disclosures of suicidal ideation constitute family violence for s.37 analysis
  3. 3 Whether a s.211 parenting assessment should be ordered and who should author it

Ratio Decidendi

On the limited interim record the court concluded there was insufficient evidence to order continued supervised parenting; instead the father was granted unsupervised parenting time three times per week for four hours with conditions (continued participation in the College health monitoring program, quarterly psychiatrist updates to be produced to the mother, ongoing full disclosure of medical records and production of College documentation); the mother granted final decision-making authority for significant issues if mediation fails; a s.211 report was ordered to be arranged by the parties with the father to pay initially and final cost apportionment reserved to trial; post-hearing...

Court Disposition

Interim judgment granting unsupervised parenting time with conditions; order for s.211 report process; mother granted final decision-making authority for significant issues if mediation fails; production and disclosure orders; father presumptively entitled to costs.

Orders

  • The parties are each guardians and will share parental responsibilities under s.41 of the Family Law Act.
  • If the parties cannot agree on a significant decision concerning the children after mediation, the mother shall make the final decision and the father may apply for directions from the court.